About Immigrating

The U.S. has various immigration processes that allow individuals to enter the country legally. This article will discuss current ways to obtain immigrant legal status through a qualifying relative. The United States Citizenship and Immigration Services (USCIS) provides forms online and at local USCIS offices for all of its processes, but immigration petitions should not be filed lightly, as there are long-term consequences for filing documents incorrectly. Please discuss your case with an immigration attorney (not a notary, legal assistant or anyone you meet who "knows" about immigration). Each case is different, and your relative may meet basic requirements but remain unable to immigrate because of inadmissibility issues.

Immediate Relatives

U.S. citizens 21 or older can file petitions for their immediate relatives, such as their husband or wife, unmarried child under 21 years old, and parents. Immediate relative petitions are usually processed the fastest, as there is no need to wait for an available visa, which is discussed below. These family members each must fill out many forms, and the entire process may span several months, but as long as the petition is in order and your relative genuinely qualifies for relief, then his petition will be granted.

Family-Based Status

If your relative does not qualify as an immediate relative she may qualify through a family-based petition. The four basic categories include: first preference---an unmarried son or daughter over 21 of a U.S. citizen; second preference, a spouse or unmarried child under 21 of a legal permanent resident (LPR), or an unmarried child over 21 of an LPR; third preference---a married son or daughter over 21 of a U.S. citizen; and fourth preference---a brother or sister of a U.S. citizen. The 3rd and 4th preferences allow the relative's spouse and unmarried child to enter as well. For instance, your third preference son's wife and their children may obtain status together.

Family-Based Status Significance

The U.S. Department of State publishes a monthly visa bulletin that lists the current priority dates based on country of origin. Priority dates are critical for family-based cases because they determine when your petition can be reviewed. Generally, the priority date refers to the date that the valid Form I-130 petition was filed on your behalf. For example, in July 2009 the priority date for a first preference petition from China was listed as "15NOV02," which means I-130 petitions filed by a U.S. citizen before November 15, 2002, for his unmarried son or daughter over 21 years of age may begin the next stages. In short, the I-130 should have already been approved.
At that point, your relative can complete the subsequent forms needed to obtain his LPR status. However, if your son has gotten married while waiting for his priority date to become current, then he is no longer eligible as a first preference and moves to the third preference category. Although the visa bulletin is published monthly, priority dates may remain unchanged for several months or even move backwards because of the finite number of available visas.

Considerations

Consular processing or adjustment of status refers to the two methods to immigrate. Generally, if your relative resides abroad, then she will complete the immigration process through consular processing, meaning she will apply for an immigrant visa at a U.S. consulate. If your relative legally entered the U.S., she may qualify to complete the immigration process while remaining in the U.S.
For example, if your wife lives in Japan and you are a U.S. citizen living in Maine, then she will travel to Tokyo for her final interview. If your wife legally entered the United States, she may qualify for adjustment of status while remaining in Maine. Again, this is a basic overview intended to introduce you to the current U.S. immigration process. There are several steps that need to be completed accurately and in a timely manner before your relative may obtain status.

Warning

Immediate-relative and family-based immigration petitions have filing fees. Do not mail an incorrect amount or include a tip, as USCIS will return your petition and request the exact amount. Be aware that applicants undergo background checks, so if your relative has a criminal record his approval may be delayed.
USCIS keeps its files for a long period of time, so thoughtfully consider the answers on your petitions and do not lie. If your parent was caught trying to enter the U.S. illegally in 1983 or was convicted of a felony while legally visiting the U.S. in 1975, disclose this information when requested or you risk a permanent denial.